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PUBLIC SCHOOL LAW 



OF 



NORTH CAROLINA, 



CHAPTER 15 OF THE CODE, AS AMENDED BY LAWS OF 

1885, 1889, 1891, 1893, 1895, AND OTHER STATUTES. 



ISSUED IN PURSUANCE OF LAW 
BY THE 

Superintendent of Public Instruction. 



WINSTON : 

M. I, & J. C. Stewart, Public Printers. 

1895. 



.rx6 



■^V:i 



>.l90; 



PREFACE. 



Chapter 15 of The Code contained the public school law 
in full. Since its enactment the changes are those made by 
the Assemblies of 1885, 1889, 1891, 1893, and 1895. So 
far as these changes are amendments to the Sections of The 
Code^ they are embodied in Sections of the same numbers 
in this edition of the school law. Other changes will be 
found in this pamphlet under the appropriate headings. 

Attention is called to the list of books adopted by the 
State Board of Education. This list of books will remain 
in use in the public schools till the first Monday in June, 
1896. On that day the County Commissioners of the 
respective counties, acting as a County Board of Education, 
will adopt a series of text books to be used by all the public 
schools of their respective counties, under the law as 
•amended by the General Assembly of 1895. See Section 
2539 of the law as published in this pamphlet. That sec- 
tion contains the enactment of 1895 in reference to the 
adoption of text books for all the public schools in the 
respective counties. Text books on Alcoholics and Narcotics 
are included. For convenience of reference, the explana- 
tions and instructions of the State Superintendent of Public 
Instruction are placed in the form. of foot notes on the same 
pages containing the corresponding sections of the law. 
Copies of this pamphlet will be furnished to all the school 
officers. On going out of ofiice, they will deliver them and 
all books and blanks to their successors. 

JOHN C. SCAKBOROUGH, 
Superintendent of Public Instruction. 

Ealeigh, N. C, August 1st, 1895. 



PUBLIC SCHOOL LAW 



OF 



NORTH CAROLINA 



FROM THE CODE, AS AMENDED BY LAWS OF 1885, 1889, 1891, 

1893, AND 1895, WITH NOTES AND INSTRUCTIONS 

BY THE SUPERINTENDENT OF PUBLIC 

INSTRUCTION. 



Sec. 2535. Apportionment of school fund. 

The state board of education shall, on the first Monday 
in August of each and every year, apportion among the 
several counties of the State all the school funds which may 
be then in the treasury of the said board, and order a war- 
rant for the full apportionment to each county, which said 
apportionment shall be made on the basis of the school 
population. 

Sec. 2536. Auditor to keep separate account of public school 
fund. 

The state auditor shall keep a separate and distinct 
account of the public school funds, and of the interest and 
income thereof, and also of such moneys as may be raised by 
state, county and capitation tax, or otherwise, for school 
purposes. 

Sec. 2537. When and how warrant issued for school fund due 
any county. 

Upon the receipt of the requisition of the treasurer of 
any county, duly approved by the chairman and secretary 
of the county board of education, for the school fund which 
may have been apportioned to said county, the state board 



6 

of education shall issue its warrant on the state auditor for 

the sum due said county ; whereupon the said auditor shall 

draw his warrant on the treasurer of the state board of 

education in favor of such county treasurer for the amount 

set forth in the warrant of the said state board. 

Sec. 2538. State treasurer to hold school funds as a special 
deposit; when and how paid out. 

The state treasurer shall receive and hold as a special 
deposit all school funds paid into the treasury, and pay 
them out only on the warrant of the state auditor, issued 
on the order of the state board of education in favor of a 
county treasurer, duly endorsed by the county treasurer in 
whose favor it is drawn, and it shall be the only valid 
voucher in the hands of the state treasurer for the disburse- 
ment of school funds. 

Sec. 2539. (Repealed by Act of 1805. The following enacted 
instead.) County boards of education to adopt text boolts. 

That the county boards of education in the several coun- 
ties of the State shall adopt a series of text books w^hich 
shall be used in the public schools of their respective coun- 
ties, for a term of three years ; the said adoption herein 
provided for, shall occur at the meeting of said boards of 
education, on the first Monday in June, one thousand eight 
hundred and ninety-six (1896) and every three years there- 
after and at no other time. Provided, thB.t no sectarian or 
political book shall be used in the public schools. Pro- 
mdedfurtlier, that the prices of public school books adopted 
be fixed by the said county boards of education, for the 
whole term for which they shall be used, and that the list 
of the books so adopted and the prices of the same, shall 
be recorded upon the minutes of the said county boards 
of education for the inspection of the public. 
Sec. 254:0. Duties of superintendent of public instruction. 

The superintendent of public instruction shall have the 
school laws published in pamphlet form and distributed on 



or before the first day of April of each year ; shall have 
printed all the forms necessary and proper for the purposes 
of this chapter, and shall look after the school interest of 
the state, and report biennially to the governor, at least five 
days previous to each regular session of the general assem- 
bly, which report shall give information and statistics of 
the public schools, and recommend such improvement in the 
school law as may occur to him. He shall keep his ofiice 
at the seat of government, and shall sign all requisitions on 
the auditor for the payment of money out of the state 
treasury for school purposes. Copies of his acts and decis- 
ions, and of all papers kept in his ofiice and authenticated 
by his signature and ofiicial seal, shall be of the same force 
and validity as the original. He shall be furnished with 
such room, fuel and stationery as shall be necessary for the 
efiicient discharge of the duties of his ofiice. 

Sec. 254:1. Duty of superintendent to direct operations of system 
of public schools, etc. 

The superintendent of public instruction shall direct the 
operations of the system of public schools and enforce the 
laws and regulations in relation thereto. It shall be his 
duty to correspond with leading educators in other states, 
and to investigate the systems of public schools established 
in other states, and, as far as practicable, render the results 
of educational efi'orts and experiences available for the infor- 
mation and aid of the legislature and state board of educa- 
tion. 

Sec. 2542. (As amended by the Laws of 1885 and 1889.) Duty of 
superintendent to learn and supply educational wants, etc,; 
expenses allowed. 

It shall be the duty of the superintendent of public 
instruction to acquaint himself with the peculiar educa- 
tional wants of the several sections of the state, and he shall 
take all proper means to supply said wants, by counciling 
with county boards of education and county superinten- 



8 

dents, bj lectures before teachers' institutes, and by addresses 
to public assemblies on subjects relating to public schools 
and public school work, and he shall be allowed for travel- 
ing expenses and for additional clerical assistance five hun- 
dred dollars per annum. 

Sec. 2543. Funds appropriated for establishing and maintaining 
system of free scliools to be paid into state treasury. 

The proceeds of all lands that have been or may hereafter 
be granted by the United States to this state, and not other- 
wise appropriated by this state or the United States, also 
all moneys, stocks, bonds and any other property now 
belonging to any state fund, for the purposes of education, 
also the net proceeds of sales of swamp lands belonging to 
the state, and all other grants, gifts or devises that have 
been made or hereafter may be made to this state, and not 
otherwise appropriated by this state or by the terms of the 
grant, gift or devise, shall be paid into the state treasury, 
and, together with so much of the ordinary revenue of the 
state as may be set apart for that purpose, shall be faith- 
fully appropriated for establishing and maintaining a sys- 
tem of free public schools, as established in pursuance of 
the constitution. 

Sec. 2544. (As amended by chapter 199, Lai^s of 1889.) Funds so 
appropriated to be paid into county school fund. 

Ail moneys, stocks, bonds and other property belonging 
to a county school fund, also the net proceeds from sales of 
estrays, also the clear proceeds of all penalties and forfeit- 
ures, and of all fines collected in the several counties for 
any breach of the penal or military laws of the State ; and 
all moneys which shall be paid by persons as equivalent for 
exemption from military duties ; also the net proceeds of 
any tax imposed on licenses to retailers of wines, cordials 
or spirituous liquors and to auctioneers, shall belong to and 
remain in the several counties and shall be faithfully 
appropriated for establishing and maintaining free public 



schools in the several counties as established in pursuance 
of the constitution : Provided^ the amount collected in 
each county shall be reported annually to the State Super- 
intendant of Public Instruction. The solicitors of the sev- 
eral judicial districts, criminal and inferior courts, shall 
prosecute all penalties and forfeited recognizances entered 
in their courts respectively, and as compensation for their 
services, shall receive a sum to be fixed by the court, not 
less than five per centum of the amount collected upon such 
penalty or forfeited recognizance for the collection of which 
execution was found to be necessary. 

IN'OTE.— Special attention is called to sections 724, 725, 726, 727, 
728, 764, 906 and 3678 of The Code. Treasurers and county com- 
missioners will use all proper means to see that the full amount of 
fines, forfeitures and penalties and the liquor tax due shall go to 
the school fund. Their attention is also directed to the constitu- 
tion; article 9, section 5, and to Revenue Act of 1895, sections 44 and 
45, as follows : 

"SectiojNT 44. Whenever any officer, including justices of the 
I)eace, receives or collects a fine, penalty or forfeiture in behalf of 
the state, or any tax imposed on licenses to retailers of wines, 
cordials, malt or spirituous liquors, and auctioneers, he shall, within 
thirty days after such reception or collection, pay over and account 
for the same to the treasurer of the county board of education for 
the benefit of the fund for common schools in such county. 

"Section 45. Any officer, including justices of the peace, con- 
victed of violating the preceding section, or of appropriating to 
his own use the state, county, school, city or town taxes, shall 
be guilty of embezzlement, and may be punished not exceeding 
five years in the state prison, at the discretion of the court." 

A large amount of school money is derived from fines, forfeitures 
and penalties; and from taxes on licenses for the sale of liquors. 
I am satisfied that a still larger amount may be obtained from these 
sources by a strict enforcement of the law. See section 33, Revenue 
Act of 1895. 

All forfeited recognizances belong to the shool fund, and school 
officers should see that they are collected. 

Section 1225 of The Code makes it the duty of the solicitor, under 
the direction of the court, to prosecute to collection any forfeited 
recognizance under a peace warrant. The last part of section 2544 
is an amendment by Acts of 1889, and provides specially for the 
prosecution of forfeitures. 



10 

Sec. 2545.1 (Repealed by Laws of 1895.) The following substi- 
tuted therefor. 

That the office of county board of education is hereby 
abolished, to take effect the first Monday in June, A. D. 
1895. 

All the powers and duties of said county board of educa- 
tion shall devolve upon and be discharged by the board of 
county commissioners of the several counties of the State ; 
and for the purpose of attending especially to school mat- 
ters, the said board of county commissioners shall be required 
to meet on the first Tuesday after the fisrt Monday in Jan- 
uary and July of each year, said meeting not to continue 
longer than two days at each of said meetings. Provided^ 
they may attend to any matter pertaining to school interest, 
at any of the regular meetings of said board as provided 
by law, but the expense of all such meetings shall be paid 
out of the general county fund of the county. 

Note. — The law gives County Commissioners a large discretion 
in the management of the funds and school matters generally. 
The policy of the law now in force, contemplates vesting in the 
respective counties large authority in the management of school 
affairs. Counties that use this authority wisely will rapidly 
advance their educational interests. 

Sec. 2546. (As amended by the Laws of 1885 and 1889.) Duties of 
county commissioners. 

The county commissioners shall be charged with the 
general management of the public schools in their respect- 
ive counties, shall decide all controversies and questions 
relating to the boundaries of school districts and to the 
location of school-houses, or which may arise upon the con- 
struction of the school law, and shall see that the school 
law is enforced ; and shall have power and authority and it 
shall be their duty to institute and prosecute any and all 
actions, suits of proceedings against any and all officers, 
persons or corporations, and their sureties, for the recovery, 
preservation and application of all meneys or property 



11 

which may be due to or should be applied to the support 
and maintenance of the schools, and the county commis- 
sioners shall obey the instructions of the state superintend- 
ent and accept his construction of the school law. 

Note. — The language of this section gives to county commis- 
sioners a wide range of powers and duties. It is earnestly urged 
that they be so exercised as to accomplish the greatest good to the 
school system possible. In the settlement of the "questions and 
controversies" mentioned in this section, there is room for the 
exercise of the highest wisdom, that the interest of the public 
schools may not suffer by reason of neighborhood quarrels, which 
always result in harm to all public interests, especially to those of 
the schools. 

Sec. 2547. (As amended by the Laws 1895.) Books of county 
treasurer examined. 

At each regular raeetingt it shall be the duty of the board 

(county commissioners) to examine the books and vouchers 

of the county treasurer and to audit his accounts. 

Sec. 2548. (Repealed by act of 1895. The following takes 
its place.) Register of Deeds Clerk to Board of Education. 
Clerk of Court to appoint examiner. 

That the office of county superintendent of public instruc- 
tion is hereby abolished to take effect the first Monday in 
June, A. D. 1895, and all the duties provided by law to be 
performed by the said superintendent as secretary of the 
board of education shall be performed by the clerk of the 
board of county commissioners. 

That the clerk of the superior court of the several counties 
in the State, shall on the first Monday in June, A. D. 1895, 
and annually thereafter, appoint an examiner whose duty 
it shall be to examine all persons desiring to teach in the 
public schools of the said county, in conformity to law. 
There shall be a public examination at the court house, to 
commence on the first Monday in July, 1895, and annually 
thereafter, to continue from day to day until all the appli- 
cants are examined, and the certificates issued shall be good 



12 

for one year from the date thereof. All such applicants 
shall pay to the examiner, in advance, a fee of one dollar 
for such examination. Provided^ that the examiner may 
examine applicants for teachers' certificates at any other 
time or place, but when so examined the applicant shall 
pay to the examiner, in advance, a fee of one dollar and 
fifty cents for such examination. 

Sec. 2549. School districts. 

The county board of education (Commissioners) shall lay 
ofi" their respective counties into convenient school districts, 
consulting as far as practicable the convenience of the 
neighborhood. They shall designate the districts by num- 
ber, as school district number one, school district number 
two, in the county of. 

Sec. 2550. Convenience of residents to be consulted in formation 
of districts; separate schools for the two races. 

The county board of education (Commissioners) shall con- 
sult the convenience of the white residents in settling the 
boundaries of districts for the white schools, and of colored 
residents in settling boundaries for colored schools. The 
schools of the two races shall be separate ; the districts the 
same in territorial limit or not, according to the conven- 
ience of the parties concerned. In cases where there are 
two sets of districts in a county, they shall be designated 
as school district number one, two, three, etc., for white 
schools, or school district number one, two, three, etc., for 
colored schools, in the couty of. 

Sec. 2551. (As amended by Laws of 1889.) County Commissioners 
to apportion county school fund amon^ districts : sums so 
apportioned subject to order of school committees. 

The county board of education (Commissioners) of every 
county shall, on the first Monday in January of each year, 
apportion among the several districts of* the county, desig- 
nating the amount to each school-house, if more than one 
in the district, all school funds in the following manner : 



13 

first deduct an amount sufficient to defray the general 
school expenses of the county authorized by law ; then 
apportion two-thirds of the funds to the several districts in 
proportion to the whole number of children between the 
ages of six and twenty-one years, and at the same time the 
remaining one-third shall be apportioned in such manner as 
to equalize the average length of school terms for the two 
races as far as may be practicable, without discrimination 
in favor of or to the prejudice of either race. As soon as 
the apportionment is made, the county board of education 
(Commissioners) shall post a statement at the court house 
door, showing the amount apportioned to the several dis- 
tricts or schools of the county, and they shall also notify 
each committee of the amount apportioned to their district 
and to each school. The board shall also furnish the treas- 
urer of the county board of education a statement of the 
amounts apportioned to the several districts and schools. 

Note. — It is not to be expected that the school terms of the sev- 
eral districts of either race can be made equal, and the boards are 
advised to give no district more than its per capita proportion of 
the funds, unless there exists a real, substantial, geographical rea- 
son why the number of pupils is small. 

Sec. 2552. Basis of annual apportionment of public school 
moneys. 

The annual apportionment of public school moneys shall 
be based upon the amounts actually received by the county 
treasurer from all sources and reported by him to the county 
board of education (Commissioners) as required by this chap- 
ter. But a sufficient amount of money shall be left unap- 
portioned to pay the general school expenses of the county 
authorized by this chapter. 

Note. — The general expenses authorized are : pay of treasurer's 
commissions, mileage and per diem of county commissioners on 
regular days in July and January, postage and stationery for 
clerk of commissioners in educational Avork. See section 39, Laws 

1889. 



14 

Sec. 2553. (A.s amended by Laws of 1885 and 1889, and chapter 
483, Laws of 1893.) School committee ; their duties ; vacan- 
cies, etc. 

For each white and each colored school district there shall 
be elected biennially by the county (Commissioners) board 
of education of the respective counties, on the first Mon- 
day in vlune, a school committee of three persons, whose 
term of service shall begin the first Monday of July follow- 
ing, and w^liose duties shall be as prescribed in this chapter. 
If a vacancy should at any time occur, it shall be the duty 
of the county board of education to appoint a suitable res- 
ident of the school district to fill such vacancy, and the per- 
son thus appointed shall exercise all the powers and duties 
of a school committeeman until his successor is elected and 
qualified. For sufiicient cause, after thirty days' formal 
notice, the county board of education (Commissioners) may 
remove a school committeeman and proceed at once to fill 
the vacancy thus created : Provided^ that all orders by 
committees for money, and all contracts made by them in 
writing shall be signed in the legible handwriting of the 
committeemen purporting to sign such orders or contracts, 
or in case any committeeman cannot write his name, his 
signature by making his mark shall be witnessed by at 
least one disinterested witness in his own proper handwrit- 

ii^g- ._ 

Note. — Select for school committeemen those who will give per- 
sonal attention to school interests in their districts. County com- 
missioners will note that the law requires three committeemen for 
each white, and three for each colored district. The committee- 
men for colored school districts need not necessarily be colored 
men ; where competent colored men cannot be had, experienced 
and competent white men should be selected. The same persons 
may be appointed committeemen for a white and for a colored 
district. 

Sec. 2554. Connty treasurer to receive and disburse school fund ; 
his bond ; misdemeanor, etc. 

The county treasurer of each county shall receive and dis- 



15 

burse all public school funds ; but before entering; upon the 
duties of his office, he shall execute a justified treasurer's 
bond, with security in double the amount of all public 
school moneys received by him or by his predecessors dur- 
ing the previous year, conditioned for the faithful perform- 
ance of his duties as treasurer of the county board of edu- 
cation, and for the payment over to his successor in office 
of any balance of school moneys that may be in his hands 
unexpended, and the county board of education (Commis- 
sioners) may, from time to time, if necessary, require him 
to strengthen said bond, and in default thereof the members 
of the county board of education (Commissioners) shall be 
guilty of a misdemeanor ; and for any breach of said bond, 
action shall be brought by the county board of education 
(Commissioners). 

Note. — The bond is to be taken and approved by the board of 
county commissioners. See section 4, chapter 199, Laws of 1889. 

Sec. 2555. (As amended by Laws of 188 J).) Orders, how issued 
upon treasurer of county board of education; proviso; pay- 
ments for buildini^ or repairing school-houses. 

All orders upon the treasurer of the county board of edu- 
cation for school money for the payment of teachers, and all 
orders for the purchase of sites for school-houses and for 
the cost of building, repairing and furnishing school-houses, 
shall be signed by the school committee of the district in 
which the school is taught, or in which the site or school- 
house is situated, and shall be countersigned by the chair- 
man of the Board of County Commissioners, which orders, 
duly endorsed by the person to whom the same are payable, 
shall be the only valid vouchers in the hands of the treas- 
urer of the county board of education, to be paid out of the 
funds apportioned to the district : Provided, the said treas- 
urer shall not pay any school money for building or repair- 
ing any school-house unless the site on which it is located 
has been donated to or purchased by the school committee 



16 

of the district in which said house is located, and a deed for 
the same regularly executed and delivered to said commit- 
tee and their successors in office, probated, registered in the 
office of register of deeds for the county, and delivered to 
the treasurer of the county board of education, to be by him 
safely deposited with his valuable official papers, and sur- 
rendered to his successor in office, and for default he shall 
be liable on his official bond for any sum thus illegally 
paid. No order given by a school committee of any dis- 
trict ^br maps, charts, globes or other school apparatus shall 
be valid unless the same be endorsed by the chairman of 
the Board of County Commissioners and approved by the 
county board of education (Commissioners). 

Note. — Treasurers will note that this section requires all orders 
given by committeemen, whether for teachers' salaries or for other 
claims against district funds, to be countersigned by the chairman 
of the county commissioners. 

Section 2584 requires all deeds to be delivered to the county com- 
missioners. 

Sec. 2556. Duties of treasurer of county board of education. 

It shall be the duty of the treasurer of the county board 
of education to keep a book in which he shall open an 
account with each public school district in the county, 
showing the amount apportioned to said district, distin- 
guishing the moneys due to the white and the colored 
districts, the date of all payments of school moneys, the 
name of the person to whom paid and the several amounts. 

He shall balance the accounts of each district annually 
on the thirtieth day of June in each and every year, and 
shall report by letter or printed circular, within ten days 
after each apportionment, to each school committee the 
amount apportioned to the respective districts for the year, 
together with the balance which may be due any of the said 
districts from the preceding year. 



17 

Sec. 2557. Treasurer to furnish blank deeds to school commit- 
tees ; form of deed ; when land to revert. 

It shall be the duty of the treasurer of the county board 
of education to furnish school committeemen with blank 
deeds for school-house sites. If a school-house site has been 
purchased, an ordinary fee-simple deed shall be executed. 
If a site has been donated, the donor may provide in the 
deed of gift that the title to the site, but not to the improve- 
ments, shall revert to him or his heirs in case the same 
shall cease to be used for school purposes for the space of 
three years. 

Sec. 2558. (This section is repealed. See Acts 1880.) 

Sec. 2550. Treasurer to produce books, vouchers, etc., when 
required by board. 

The treasurer of the county board of education shall, 

when required by said board, produce his books and vouchers 

for examination, and shall also exhibit all moneys due the 

public school fund of the county at each settlement required 

by this chapter. 

Sec. 25()0. (As amended by the Laws of 1880.) Treasurer to make 
report to state superintendent of public instruction. 

The treasurer of the county board of education of each 
county shall report to the state superintendent of public 
instruction on the first Monday of July of each year the 
entire amount of school money received and disbursed by 
him during the preceding school year, designating by items 
the amounts received respectively from property tax, poll- 
tax, liquor licenses, fines, forfeitures and penalties, auction- 
eers, estrays, from state treasurer, and from all other sources. 
He shall also designate by items the sums paid to teachers 
of white and colored children respectively, and for school- 
houses and school-house sites in the several districts, and for 
all other purposes, specifically and in detail by items, and 

on the same day he shall file a duplicate of said report in 

2 - 



18 

the office of the county board of education (Commissioners). 
He shall make such other reports as the board of education 
(Commissioners) of the county may require from tir.ie to 
time. 

Sec. 2561. Treasurer to keep account of public school moneys. 

The treasurer of the county board of educatiori shall keep 
a book in which shall be entered a full and detailed account 
of all public school moneys received by him, the name of 
each person paying him school money, the source from 
which the same may have been derived, and the date of 
such payment : Provided, in his settlement with the sheriff 
or other collecting officer of public school taxes or other 
school fund the said treasurer shall receive money only. 

Note. — For other duties of treasurer and pay for services, see 
section 25, chapter 174, Laws of 1885, as published in this pamphlet. 

Sec. 2562. (As amended by the Laws of 1885.) Treasurer failing 
to report guilty of misdemeanor. 

Any treasurer of a county board of education failing 

to make the reports required of him at the time and in the 

manner prescribed shall be guilty of a misdemeanor, and be 

fined not less than fifty dollars and not more than two 

hundred dollars, or imprisoned not less than thirty days 

nor more than six months, in the discretion of the court. 

Sec. 2563. (As amended by Laws of 1889.) Sheriff to pay annually 
in money to treasurer of the county board, amount of 
state and county taxes levied for school purposes, etc.; mis- 
demeanor ; penalty ; action on bond. 

The sheriff of each county shall pay annually in money 

to the treasurer of the county board of education thereof, 

on or before the thirty-first day of December of each year, 

the whole amount levied, less such sum or sums as may be 

allowed on account of insolvents, for the current year, by 

both state and county, for school purposes ; and, on failure 

so to do, shall be guilty of a misdemeanor, and fined not less 



19 

than two hundred dollars, and be liable to an action on his 
oliicial bond for his default in such sum as will cover such 
default, said action to be brought to the next ensuing term 
of the superior court and upon the relation of the county 
board of education (Commissioners) for and in l)ehalf of the 
state. 

Sec. 25l>4. (As nmeiHled hj the Laws of 1885.) Slieriff to take 
duplicate receipts. 

The sheriff or other collecting officer shall take duplicate 
receij)ts of the treasurer of the county board of education 
for such payments as he may make under this chapter, one 
copy of which shall be transmitted to the auditor of the 
state, and one to the chairman of the county board of edu- 
cation (Commissioners). 

Note. — Sections 25(52, 2563 and 2564. Treasurers and sheriffs will 
specially note the provisions of these sections. They will keep the 
poll and property tax separate, indicating each in the receipts 
given by the treasurer. This they will be the better able to do, 
because the school poll-tax and school property tax of each indi- 
vidual will be separated on the tax lists. A little attention to this 
will enable the treasurers to make their reports promptly. 

See also section 8, chapter 199, Laws 1889, which j-equires the 
sheriff to itemize as specitied in section 2560. 

Sec. 25(>5. (As amended by the Laws of 1885.) Duties of secretary 
of county board of commissioners. 

The secretary shall record all of the proceedings of the 
county board of education (Commissioners) issue all notices 
and orders that may be made by said board pertaining to 
the public schools, school-houses, sites or districts (wdiich 
notices or orders it shall be the duty of the secretary to 
serve by mail, or by personal delivery without cost), and 
record all school statistics. The county board of education 
(Commissioners) shall provide the secretary wath a suitable 
book in which to make the records required by this sec- 
tion. 



20 

Sec.25G(>. (As amended by the Laws of 1885, 1889, 1891 and 1895.) 
Examination of applicants for teachers' certificates by 
county examiner ; g-rades of certificates ; valid for one year 
in county where issued ; what to be taught in public schools; 
proviso. 

The examiner of each county shall examine all applicants 
of good moral character for teachers' certificates at the 
court-house in the county, on the first Monday in July of 
every year, and continue the examination from day to day 
till all applicants are examined. All such applicants shall 
pay to the examiner, in advance, a fee of one dollar for 
such examination. Provided^ that the examiner may 
examine applicants for teachers' certificates at any other 
time or place, but when so examined the applicant shall 
pay to the examiner, in advance, a fee of one dollar and 
fifty cents for such examination. The grade of the cer- 
tificate to which the applicants may be entitled shall con- 
form to the following standard of excellence : that is, one 
hundred being the maximum, a certificate shall not issue 
to any applicant wdio makes less than fifty per centum in 
any one branch, or whose general average is less than 
seventy per centum. A general average of ninety per cen- 
tum and over shall entitle an applicant to a first-grade cer- 
tificate ; a general average of eighty per centum or more 
shall entitle the applicant to a second-grade certificate ; and 
a general average of seventy per centum or more shall 
entitle an applicant to a third-grade certificate. The cer- 
tificates shall be valid for one year from their dates and 
only in the county in which they were issued. No branches 
shall be taught in the public schools except spelling, defin- 
ing, reading, writing, arithmetic, English grammar, geog- 
raphy, elementary physiology and hygiene, and the history 
of the state and United States : Provided^ the school 
committee may make special arrangements to allow other 
branches to be taught : Provided^ cdso^ the examiner shall. 



21 

hold his examinations publicly, and may invite competent 
persons to assist him in such examinations. 

NOTK. — The examiner should g-rant certificates to none except to 
those who produce reliable evidence of g:ood character, and pass 
an approved examination, fairly testing the proficiency of the 
applicant. School committees should provide for additional 
studies in the public schools, when such action will be of advan- 
tage to any of the pupils of their district. The pursuit of all useful 
knowledge should be encouraged in the schools. The examina- 
tions need not be held in the oourt-house, biit may be conducted 
in any suitable room at the county-seat. 

See section 41 of chapter 199, Laws of 1889, which requires 
examinations on theory and practice of teaching. Also chapter 
169, Laws of 1891, and the studies there provided. 

Sec. 2567. Repealed by act of 18t)5. 

Sec. 2508. Repealed by act of 18D5. 

Sec. 25GD. Repealed by act of 1895. 

Sec. 2570. Register of Deeds to distribute blanks. 

It shall be the duty of the clerk of the Board of County 
Commissioners to distribute to the various school commit- 
tees of his county all such blanks as may be furnished l)y 
the state superintendent of public instruction for reports of 
school statistics of the several districts ; also blanks for 
teachers' reports and for orders on the treasurer of the 
county board of education for teachers' salaries; he shall 
also distribute to the school committees school registers for 
their respective districts; he shall advise with said commit- 
tees as to the best methods of o;atherino^ the school statis- 
tics contemplated by such blanks, and, by all proper means, 
shall seek to have such statistics fully and promptly 
reported. 

Note. — The blanks famished by the state superintendent areas 
follows : School Registers, Record of Examinations, Teachers' Re- 
ports and Vouchers, Teachers' Certificates, Reports of clerks of 
County Commissioners, Treasurers" Reports, Census Reports, and 
Deeds, and blanks for Census of Deaf and Dumb and of Blind 
under chapter 69, Laws of 1893. In ordering blanks from the state 
superintendent the Register of Deeds should give his express office. 



22 



Sec. 2571. (As amended by the Lavrs of 1885 and 18J)5.) Chair- 
man of the board of county commissioners to countersign 
orders on treasurer of county board for payment of teach- 
ers' salaries. 

It shall be the duty of the chairman of the board of 
couTitj commissioners to countersign all orders given by the 
several school committees upon the treasurer of the county 
board of education in payment of teachers' salaries, and it 
shall not be lawful for the said treasurer to pay such orders 
unless the same have been countersigned by the chairman 
of the board of county commissioners : Provided^ the said 
chairman shall not have authority to coantersign any such 
order until the teacher in whose favor it is drawn shall 
have made the reports to the chairman required by this 
chapter, and shall have sworn to them before the said chair- 
man. 

Note. — The spirit of this proviso is, that no voucher sliall be 
countersigned unless sworn to. See section 12, chapter 199, Laws 
1889. All orders must be countersigned by the chairman of the 
county commissioners. See section 2555. 

Sec. 2572. County examiner to deliver to county hoard catalogue 
of teachers, etc. 

The county examiner shall deliver to the county board 

of education (Commissioners), on or before the first Monday 

in July in every year, a catalogue of all the teachers to 

wdiom he gave certificates during the year. 

Sec. 2573. Clerk of hoard of commissioners to report to state 
superintendent number, etc., of teachers, schools, etc. 

It shall be the duty of the clerk of the board of county com- 
missioners in each county, on or before the first Monday in 
July of every year, to report to the state superintendent of 
public instruction an abstract statement of the number, 
grade, race and sex of the teachers examined and approved 



23 

bv liim (the examiner) during the year ; also the number 
of public schools taught in the county during the year for 
each race ; the number of pupils of each race enrolled in 
said schools ; their average attendance ; the number of 
females ; the average length of the terms of said schools 
and the average salary, respectively, of the white and col- 
ored teachers ; also full and accurate statistics of the num- 
ber of school children in the county, giving race and sex ; 
the number of school districts for each race, and the num- 
ber of public school-houses and the value of public school 
property for each race ; the number of teachers' institutes 
held, and the number of teachers that attended such insti- 
tutes, together with such suggestions as may occur to him 
promotive of the school interests of the county. 

?^OTE. — The clerk of the Board of County Commissioners should 
make full and prompt reports under the provision of this section, 
and report all permanent private schools in their county, as indi- 
cated by any blank which may be furnished them. 

Sec. 2574. (As amended by the Laws of 1885 and 1895.) Clerk of 
the board of county commissioners to record copy of report 
to state superintendent in office of secretary of board of 
commissioners. 

The clerk of the board of county comissioners shall record 
in his books his annual report to the state superintendent of 
public instruction and the census reports and school statis- 
tics as reported to him by the school committees. 

Sec. 2575. Repealed by act of 1895 and the following" inserted in 
lieu thereof: 

" That for all such clerical work as shall be performed by 

the clerk of the board of county commissioners he shall 

receive such compensation as in the discretion of the county 

commissioners may be deemed just and right. Provided^ 

the same shall not be a greater amount than the amount 

allowed by law for similar services performed by said clerk 

as clerk of the board of county commissioners. Provided 



24 

fnrtliei\ that such clerk shall render an itemized account, 
under oath, for all such service, and the same shall be paid 
out of the general county fund when approved by the said 
board of commissioners." 

Sec. 25 70. (As amended by the Laws of 1885.) Oath of school 
committeemeu ; school officers authorized to administer 
oaths. 

Before entering upon the duties of their office, the school 

committeemen shall take an oath for the faithful discharge 

of the duties of their office. In all matters pertaining to 

the execution of the school law, all the members of the 

county board of education and the county superintendent 

are authorized to administer oaths, but neither they nor 

justices of the peace shall be entitled to any fee for such 

service. 

See. 2577. Meeting ot school committeemen; chairman; clerk; 
record to he kept. 

The school committee of each school district, within fif- 
teen days after their election or appointment, shall meet at 
some convenient point within the school district, and 
organize by electing one of their number chairman and 
another of their number clerk of the school committee, and 
the said clerk shall keep a record of the proceedings of said 
committee in a book provided for that purpose.. 

Note, — A record of the proceedings of each committee, as 
required by this section, should be kept ; very many difficulties 
Avill be avoided thereby. This record book is not fnrnislied by the 
state superintendent, but may be bought by the committee. 

Sec. 2578. School committee to be a body corporate. 

The school committee of each school district shall be a 
body corporate by the name and style of '' The School Com- 
mittee of District No. , in the county of. ,'' and by 

that name shall be capable of purchasing and holding real 
and personal estate, and of selling and transferring the same 



25 

for scliool purposes, and of prosecuting and defending suit 
for or against the corporation. All conveyances to school 
committees shall he to tliem and their successors in office. 

Sec. 2579. (As amended by the Laws of 1885, 1889 and 1895.) 
School committee to take annual census of children; to 
report numher of school-houses to clerk of commissioners. 

It shall be the duty of the school committee of each 
district to take and return to the Clerk of the board of 
county commissioners on or before the first day of June in 
every year, a full and accurate census of the children 
between the ages of six and twenty-one years, designating 
the race and sex. And the said committee shall also 
report to the said clerk of commissioners the number of 
public scliool-houses and the value of all public school- 
property, for each race, separately. 

Should the committee fail to make such report by the 
first Monday of July, the report of the preceding year 
shall be taken as the basis of the report to the state super- 
intendent. The said report shall be signed by the member 
of the committee designated to take the census, and be 
sworn to before any justice of the peace or other person 
authorized to administer oaths. 



Note.— A failure by the committee to make the report as 
required by this section is sufficient cause for their removal by the 
county commissioners. The committe will designate one of their 
number to perform tliis duty, who is to swear to tlie report. See 
chapter G9, Laws of 1893. 

Sec. 2580. (As amended by the Laws of 1889.) School committee 
authorized to employ and dismiss teachers, and to fix their 

pay. 

The school committees shall have authority to employ 
and dismiss teachers in their respective districts ; but no 
contract shall be made during any year to extend beyond 
the term of office of the committee, nor for more money 
than is placed to the credit of the district for the fiscal 



26 

year daring which the contract is made. JSTo person shall 
be employed as a teacher who does not produce a certifi- 
cate from the county superintendent of public instruction 
(County Examiner) dated within the time prescribed by 
law. Teachers of third grade shall receive out of the pub- 
lic fund not more than fifteen dollars per month ; of the 
second grade, not more than twenty-five dollars per month, 
and teachers of first grade may receive such compensation 
as shall be agreed upon ; but no teacher shall receive any 
compensation for a shorter term than one month, unless 
providentially hindered. Twenty school days shall be a 
month : Provided^ that the county board of education 
(County Commissioners) shall have authority to fix a max- 
imum price for first-grade teachers, and otherwise superin- 
tend the employing and dismissing of teachers not incon- 
sistent with the specific prohibition in this section. 

Note. — A good teacher is cheaper at a high price than an wcom- 
petent teacher at a low price. The practice in some sections of 
employing teachers and putting them to work before they have a 
certificate, relying on a prospective examination, is unlawful. 

The amendment to this section by the Assembly of 1889 allows 
the board of commissioners to make such regulations about 
employing and dismissing teachers as they may deem proper, not 
inconsistent with the plain provisions of the section. It is advised 
that large discretion be allowed to committeemen, especially if 
they are intelligent and manifest interest in their school. In case 
of divisions and neighborhood difficulties as to who the teacher is 
to be, terms, etc., the board can control. 

Sec. 2581. Teachers to render statement of number of pupils, etc., 
to school committee ; when order for payment of teachers to 
be ^iyen. 

At the end of every term of a public school, the teacher 
or principal of the school shall exhibit to the school com- 
mittee of the district a statement of the number of pupils, 
male and female ; the average daily attendance, the length 
of term and the time taught. If the committee are satis- 
fied that the provisions of this chapter have been complied 



27 

with, they shall give an order on the treasurer of the county 
board of education, payable to said teacher, for the full 
amount due for services rendered. 

Sec. 2582. School committee empowered to receive gifts, etc.; 
deed, liow executed; proceeds of sale; to have care of 
school-house, etc., and to sell the same, etc. ; original 
grantor to hare option to repurchase school-house site 
when resold. 

The school committee may receive any gift, grant, dona- 
tion or devise made for the use of any school or schools 
within their jurisdiction, and in their corporate capacity they 
shall be intrusted with the care and custody of all school- 
houses, school-house sites, grounds, books, apparatus, or 
other public school property belonging to their respective 
jurisdictions, with full power to control the same as they 
may deem best for the interest of the public^schools and the 
cause of education. When, in the opinion of the committee, 
an}^ school-house, school-house site or other public school 
property has become unnecessary for public school purposes, 
they shall sell the same at public auction, after advertise- 
ment for twenty days at three public places in the county. 
The deed for the property thus sold shall be executed by 
the chairman and clerk of the committee, and the proceeds 
of the sale shall be paid to the treasurer of the county board 
of education for the school expenses in said school district : 
Provided^ the committee shall iirst offer the site and 
improvements to the original grantor, donor, or his heirs, 
at a price fixed by the committee. And in the event of a 
disagreement as to the price, the committee shall select one 
discreet and disinterested person, and the grantor, donor, or 
his heirs shall select another such person, to value and 
appraise the property, and in the event they cannot agree, 
they shall call to their aid an umpire ; and upon the pay- 
ment of the price thus fixed the committee shall convey, by 
proper deed, the property to the original grantor, donor, or 



28 

his heirs : Provided^ that the committee shall be allowed to 
remove the house if the grantor or his representative refuse 
to purchase it, and its value shall, in that ease, not be con- 
sidered in the apppraisement. 

Sec. 2583. (As amended by section 15, cliapter 199, Laws of 1889.) 
Committee empowered to receive sites for school-houses hy 
donation or purchase; in case of purchase, approval of 
chairman and secretary of county hoard necessary ; title ; 
proceedings to condemn land for school-house sites 

The school committee may receive suitable sites for school- 
houses by donation or purchase. In the latter case thej 
shall report the price to the chairman and secretary of the 
county board of education (County Commissioners). If the 
latter are satisfied that the price is not excessive, and that 
it is suitable in respect to its location, they shall approve 
the order of the committee on the treasurer of the county 
board of education for the purchase money, and upon pay- 
ment of the order the title to said site shall vest in the com- 
mittee and their successors in office. Whenever the com- 
mittee are unable to obtain a suitable site for a school 
by gift or purchase, they shall report to the county super- 
intendent of public instruction (Clerk of Board of County 
Commissioners), who shall, upon five days' notice to the 
owner of the land, apply to the clerk of the superior court 
for the appointment of their [three] appraisers, who shall 
lay oft', by metes and bounds, not more than one acre, and 
assess the value thereof. They shall make a written report 
of their proceedings, to be signed by them or by a majority 
of them, to the said clerk within five days from their 
appointment, wdio shall enter the same upon the records 
of the court. If said report is confirmed by the clerk of 
the court, the chairman and secretary shall approve the 
order which the district school committee shall give on the 
treasurer of the county board of education in favor of the 
owner of the land thus laid off", and upon payment or offer 



29 

of payment of this order the title to said hind shall vest 
in the school committee and their successors in office : Pro- 
vided^ improved land shall not he condemned under this 
section unless it be essential to secure a proper location : 
Provided further^ any person aggrieved by the action of 
said appraisers may appeal to the superior court of the 
county in which the land is situate upon giving bond to 
secure the board against such costs as may be incurred on 
account of said appeal not being prosecuted with effect. 

Note. — School committees should procure suitable sites in their 
respective districts, and have comfortable school-houses erected 
thereon. When the district has no school-house, disputes arise 
each year as to where the school should be taught, and thus neig'h- 
borhood quarrels are promoted which injure the schools. School 
committees should pay particular attention to the provisions of 
this section to save trouble in connection with titles. 

Sec. 25S4. (As amended by chapter 190, Laws of 1889.) School 
committee to deliver deeds to county board of education. 

All deeds to school committeemen shall be delivered for 
safe-keeping to the board of education (Commissioners) of 
the county, and they shall haye them recorded, if not 
already recorded, and all deeds hereafter made shall be 
delivered to said board for their inspection before registra- 
tion. 

Sec. 2585. Duties of teachers; dismissal of pupil. 

It shall be the duty of all teachers of free public schools 
to maintain good order and discipline in their respective 
schools, to encourage morality, industry and neatness in all 
of their pupils, and to teach thoroughly all the branches 
which they are required to teach. If any pupil shall wil- 
fully and persistently violate the rules of the school, such 
pupil may be dismissed by the teacher for the current 
term. 

Note. — On the subject pf the authority of the teacher as to cor- 
poral punishment, the following decision, rendered by Judge Gas- 
ton, 2 Devereux and Battle, p. 365, is quoted : 



30 

" The law confides to schoolmasters and teachers a discretionary 
power in the infliction of puni^3hment upon their pupils, and will 
not hold them responsible criminally, unless the punishment be 
such as to occasion permanent injury to the child, or be inflicted 
merely to gratify their ow^n evil passions. 

" It is not easy to state with precision the power Avhich the law 
grants to schoolmasters and teachers with respect to the correction 
of their pupils. It is analogous to that w^hich belongs to parents, 
and the authority of the teacher is regarded as a delegation of 
parental authority. One of the most sacred duties of parents is to 
raise up and qualify their children for becoming useful and virtu- 
ous members of society ; this duty cannot be effectually performed 
without the ability to command obedience, to control stubborn- 
ness, to quicken diligence and to reform bad habits ; and to enable 
him to exercise this salutary sway lie is armed with the power to 
administer moderate correction when he shall believe it to be just 
and necessary. 

" Within the sphere of his authority, the master is judge when 
correction is required and of the degree of correction necessary ; 
and like all others intrusted with a discretion, he cannot be made 
penally responsible for error of judgment, but only for»wickedness 
of purpose. The best and wisest of mortals are weak and erring 
creatures, and in the exercise of functions in wliich their judgment 
is to be the guide cannot be rightfully required to engage formore 
than honesty of purpose and diligence of exertion. His judgment 
must be presumed correct, because he is the judge^ and also 
because of the difficulty of proving the offence or accumulation of 
offences that called for correction ; of showing the peculiar temper- 
ament, disposition and habits of the individual corrected; and of 
exhibiting the various milder means, that may have been ineffec- 
tually used, before correction was resorted to. 

"But the master may be punishable when he doe's not transcend 
the powers granted, if he grossly abuse them. If he use his author- 
ity as a cover of malice, and, under pretence of administering cor- 
rection, gratify his own bad passions, the mask of the judge shall 
be taken oft', and he will stand amenable to justice, as an individ- 
ual not invested with judicial power. " 

For conduct outside of school, or after school is dismissed, it 
seems to be agreed that a teacher may inflict punishment for any 
misbehavior that has a direct or immediate tendency to injure the 
school, to subvert the teacher's authority and to beget disorder 
and insubordination. Tliis line of authority it is difficult to draw 
with precision, and a wise discretion must be exercised, the teacher 
always bearing in mind that it is the school and his authority to 
-govern it that are to be protected. 



31 

The secret of success in school government lies in the art of cre- 
ating an interest and enthusiasm in school exercises and their 
results. This done the school will, in a large measure, govern 
itself; without it, no kind or degree of corporal punishment will 
secure good results in school work or government. The teacher 
should so demean himself as to make all pupils consider him their 
friend and benefactor, keeping authority and punishment in the 
background, to be used when nothing else will do. 

Sec. 2580. (As amended by Laws of 1885, 188?) and 1895.) Teach, 
ers to Keep daily records concerning? pupils ; grades in schol- 
arship, In deportment; report to l>e made to clerk of tlio 
board of county commissioners. 

Every teacher or principal of a school to which aid shall 
be given under this chapter sliall keep a daily record of all 
absences of pupils and of the grade in scholarship and 
deportment of each. The grade in scholarship shall be 
indicated by tlie numbers one, two, three, four and five, one 
representing the highest or first grade and five tlie lowest, 
and the three intermediate numbers the three intermediate 
grades. The grades in deportment shall be represented by 
the same numbers and in the same order. At tlie end of 
every term every principal or teacher of a public school 
shall report to the clerk of the board of county commission- 
ers the length of term of school, the race for W'hich it was 
taught, the number, sex and average daily attendance of 
the pupils, and the number of the district in which the 
school was taught. 

If any term comprehends parts of the two school years, 
beginning in one and ending in the succeeding, the teacher 
shall on the first day of July make the above required report 
for the part of the term up to that date, and the remaining 
part of the term shall be reported when the term closes and 
form part of the report for that year. 

Note. — Teachers will note that their orders for salary will not 
be approved by the chairman of the board of county commission- 
ers or paid by the treasurer, until this report is made. Arrange- 
ments, however, may be made with the chairman of said board to 



32 

approve orders for the salary of each month, so as to enable teach- 
ers to draw then* pay monthly. The teacher must, in this ease, 
make a report for the full session at its close, before he can receive 
the last installment of his salary. 

Section 24, chapter 199, Laws of 1889, forbids any school being in 
session on June 30th. No school can comprehend parts of two 
school years : therefore the last paragraph of this section is practi- 
cally of no force. 

Sec. 2587. School year. 

The school year shall begin on the first Monday in 
Jnly. ^ 

Note.— See section 1, chapter 199, Laws of 1889. 

Sec. 2588. (As amended by the Laws of 1889.) Every school receiv- 
ing aid under this chapter to be a public school. 

Every school to which aid shall be given under this chap- 
ter shall be a public school, to which all children living 
within the district between the ages of six and twenty-one 
years shall be admitted free of charge for tuition : Provided^ 
the admission of pay students shall be under the direction 
of the committee. Provided further^ that the committee 
or the county superintendent (chairman of the Board of 
County Commissioners), or the board of education may 
exclude persons of immoral lives or character. 

Note. — Children, in the district, not of school age^ or those living 
outside of the district, may be admitted as pay students by direc- 
tion of the school committee. 

Sec. 2589. (As amended by section 3, chapter 110, Laws of 1895.) 
Tax of eighteen cents on every one hundred dollars of 
property and credits to be levied for support of public 
schools ; poll-tax of fifty-four cents. 

In addition to the state and county capitation taxes 

appropriated by the constitution, and other revenues for 

the support of the public schools, there shall be levied and 

collected every year for the maintenance and support of the 

public schools eighteen cents on every one hundred dollars 



33 

wortli of property and credits in tlic state, and fifty-four 
cents on every poll, in addition to the taxes in the revenue 
law. 

Note. — Attention is called to section nine (9), chapter 199, Laws 
1889. The forms will contain separate columns for school poll-tax 
and school property tax, and it is required of the county commis- 
sioners and register of deeds to enter these items separate, whether 
levied in this section or under the provisions of section 2590. Each 
tax receipt is to show the total amount of school tax separate from 
the state and county tax, so that each tax payer may know exactly 
how much school tax he pays. The phrase, "in addition to the 
taxes in the revenue law," has reference to taxes on liquor dealers, 
and taxes other than property and poll. 

Sec. 2500. (As amended hj the Laws of 1SS5.) If taxes insuffi- 
cieut to maintain public schools four months, hoard of 
commissioners to levy special tax ; how collected. 

If the tax levied by the state for the support of the public 
schools shall be insufficient to maintain one or more schools 
in eacli school district for the period of four months, then 
the board of commissioners of each county shall levy annu- 
ally a special tax to supply the deficiency for the support 
and maintenance of said schools for the said period of four 
months or more. The said tax shall be collected by the 
sheriff in money, and he shall be subject to the same liabili- 
ties for the collection and accounting of said tax as for other 
taxes. The said tax shall be levied on all property, credits 
and polls of the county ; and in the assessment of the amount 
on each the commissioners shall observe the constitutional 
equation of taxation ; and the fund thus raised shall be 
expended in the county in which it is collected, in such 
manner as the county board of education (Commissioners) 
may determine, for maintaining the public schools for four 
months at least in each year. But the county board of 
education (County Commissioners) shall not be required to 
expend upon a district containing less than sixty-five pupils 
the same sum it may give to larger districts, notwithstand- 
3 



3tl: 

ing an inequality of length of school* terms may be the 
result. The county board of education (County Commis- 
sioners), on or before the annual meeting of the commis- 
sioners and justices of the peace for levying county taxes, 
shall make an estimate of the amount of money necessary 
to maintain the schools for four months and submit it to 
the county commissioners. 

Note.— This section should be ob -erved and its provisions car- 
ried out fully by the county commissioners. It vsrill be observed 
that the law is mandatory in its provisions, and that it is intended 
to carry into effect the provisions of article nine, sections two and 
three, of the state constitution. It will be noted that the county 
commissioners are required to make an estimate of the additional 
funds necessary to provide schools for four months and to levy the 
taxes for same if there is a margin before reaching the constitu- 
tional limit. For some years the law has required the county 
commissioners to levy any additional tax that might be necessary 
to continue the schools for a period of four months per annum, 
and the constitution of the state makes it their duty to do this 
under penalty of indictment ; and yet some commissioners do not 
attend to this duty. Construing the constitution and the statute 
together, we are forced to the conclusion that it is the imperative 
duty of the commissioners to levy this tax. 

Tlie decision of the supreme court in Barksdale -y. Commission- 
ers of Sampson, 93 N. C. Reports, does not relieve the commission- 
ers of this obligation except when the limit of 66^ cents on $100 
valuation of property and $2.00 on polls has been reached for state, 
county and school purposes. 

Section two, article five, of the constitution, is as follows : 

"The proceeds of the state and county capitation tax shall be 
applied to the purposes of education and the support of the poor, 
but in no one year shall more than twenty-five per cent, thereof 
be appropriated to the latter purpose." 

The state tax is that levied by the general assenibly^ and the 
county tax is that levied by the justices of the peace and county 
commissioners. These taxes, combined, can never exceed $2.00 on 
the poll. 

When this limit is reached the commissioners cannot levy any 
school tax under the provisions of this section, but they are 
required to see that the sheriff (tax collector) shall pay over to the 
treasurer of the board of education at least $1.50 on each poll that 
is collected, and they can alloAV more if they will. 



35 

If the limit of two dollars is not reached by the combined state 
and county levies, then at least three fourths of whatever they do 
amount to must be paid over for schools; and in that case the com- 
missioners must make an additional levy, if necessary, to continue 
the schools four months. 

In ascertaining whether the limit has been reached, no special 
taxes for special purposes, under special acts of assembly, are to be 
included in the calculation. 

Sec. 2581. (As amended by the Laws of 1889.) School committee 
empowered to contract with teacher of private school; proyiso. 

In any school district where there may be a private school, 
regularly conducted for at least nine months in the year, the 
school committee may contract with the teacher of such pri- 
vate school to give instruction to all pupils between the ages 
of six and twenty-one years in the branches of learning 
taught in the public schools, as prescribed in this chapter, 
without charge and free of tuition; and such school com- 
mittee may pay such teacher for such services out of the 
public school funds apportioned to the district, and the 
agreement as to such pay shall be arranged between the com- 
mittee and teacher: Provided^ any teacher so employed shall 
obtain a first-grade certificate before beginning his work, and 
shall from time to time make such reports as are recpiired of 
other public school teachers under this chapter: Provided 
further, that the board of education of the county (Board 
of Commissioners) and the county superintendent (chairman 
of Commissioners) shall have the same authority in respect 
to the employment and dismissal of teachers under this sec- 
tion and in every other respect as is conferred in other sec- 
tions of the law: And ^provided further, that all contracts 
made under this section shall desiguate the length of the 
public school term, which shall not be less than the average 
length of the public school terms of the county of the pre- 
ceding year. 

Note. — This section is intended to harmonize the public and the 
private school interests, but it does not permit the pupils of any 



36 

one district to be divided amoii^ the different private schools that 
may be located Avithin its limits. The general law provides that 
districts must be laid off and definite territorial lines established 
and a public school-house provided, at which all the pupils within 
such lines are to attend school. If, however, the committee think 
best, they can employ the principal of a permanently established 
private school to teach all the pupils of the district, following the 
spirit and the letter of this section. 

The object of the above section is not to destroy the public school, 
but to make it better. 

Sec. 2592. Misdemeanor to wilfully distiirl) any school, etc. 

Every person who shall wilfully interrupt or disturb any 
public or private school, or any meeting lawfully and peace- 
fully held for the purpose of literary and scientific improve- 
ment, either within or without the place where such meet- 
ing or school is held, or injure any school building, or de- 
face any school furniture, apparatus or other school prop- 
erty, shall be gnilty of a misdemeanor, and fined not ex- 
ceeding fifty dollars or imprisoned not more than thirty 
days. Any person who shall wilfully set fire to, or procure 
the same to be done, any school-house, shall be guilty of a 
misdemeanor, and upon conviction shall be punished by 
imprisonment in the penitentiary or county jail, and may 
also be fined in the discretion of the court. 

Sec. 2593. (As amended by the Laws of 1885, chapter 54, Laws of 
189;i.) State superintendent of public instruction authorized 
to employ clerk; his salary, liow paid. 

The state superintendent of public instruction is author- 
ized to employ a clerk at a salary of one thousand dollars 
per annum, which shall be paid monthly b}^ the state treas- 
urer, on the warrant of the auditor, out of any funds which 
may be in the treasury not otherwise appropriated. 

Sec. 652 of the Code, as amended by tlie Laws of 1889. Commis- 
si(>ners and county boards of education may punish, etc. 

The board of commissioners and the county board of 
education of each county shall have power to punish for 



37 

contempt, for any disorderly conduct or disturbance tend- 
ing to interrupt them in the transaction of their otiicial 
business. 

Sec. 2G54 of The Code, as amended by the Laws of 1889 and 1895. 

In every township, city, or town not now levying a spe- 
cial tax for schools equal to or greater than the tax herein- 
after authorized, the board of commissioners of the several 
counties of the State shall order an election to be lield at 
date of the next election for members of the General 
Assembly and regularly hereafter to ascertain the will of 
the people whether there may be levied in each township, 
city or town not herein excepted a special annual tax of 
twent}^ cents on the hundred dollars valuation of property 
and sixty cents on the poll to supplement the public school 
fund for such township, city or town; said election may be 
held in the different election precincts and wards as pre- 
scribed in the chapter entitled "Elections Regulated;" said 
board of county commissioners shall for the purposes of the 
election to be held under this act direct that may be given 
by advertising at least thirty days before said election. At 
said election, those who are in favor of the levy and collec- 
tion of said tax may vote a ticket on whicli may be printed 
or written the words, "For Schools ;" and those who are 
opposed may vote a ticket on which may be printed or 
written the words, "Against Schools." 

Sec. 2655, as amended by Laws of 1895. 

That in case a majority of the qualified voters at said 
election are in favor of said tax, the same may be annually 
levied and appropriated in such townsliip, city or town in 
the manner prescribed for the levying and appropriation of 
other school taxes. Promded^ that all the money collected 
in each township, city or town under the provision of this 
act shall be expended exclusively upon the school therein. 
Provided^ that this act may not apply to the counties 



38 

of Bertie, Kortliampton, Granville, Halifax, Rockingham, 
Columbus, Caswell, 'New Hanover, Alleghany, Perqnimans, 
Chowan, Gates, Currituck, Camden, Hertford, Pasquotank, 
AYarren, Edgecombe, Catawba, Cumberland, Person, Anson, 
Union, Wake, Lenoir, Onslow, Green, Cleveland, Craven, 
Moore, Jones, Franklin, N'ash, Wilson and Ash, Craven, 
Powan, Sampson, Alamance, McDowell, Brunswick, For- 
syth, Johnston, Martin, Lincoln, Randolph, Buncombe, 
Chatham, Yance, Durham, Pitt, Transylvania, Warren, 
Mecklenburg and Hyde, Wilkes, Robeson, Richmond and 
Iredell. 



Sections of chaptek 174, Laavs of 1885, which are not 
embodied in the sections of the code as printed in 
this pamphlet. 

Section 24. The principal or superintendent of every 
school supported in whole or part by public funds shall 
report to the state superintendent at such time and in such 
form as he may direct. 

Sec 25. {As ainemded hy section 18, chapter 199, Laws 
1889.) The treasurer of the county board of education shall, 
on the last Saturday of each month, attend at the office of 
the county board of education for the purpose of paying- 
school orders (provided, that in those counties where the 
sheriff is ex-ojjicio treasurer of the county he shall not be 
required to attend his office on the last Saturday in each 
month); but this shall not be construed to prevent the pay- 
ment of orders at other times; and he shall be allowed for 
compensation as treasurer of the school fund such sum as 
the board of education may aHow him, not to exceed two 
per centum of his vouchers paid on orders of school com- 
mittees. 

Note. — The orders given by School Committeemen constitute the 
basis on which Treasurer's commissions are to be calculated and 
allowed. 



39 

Sec. 26 {As amended hy section 17, chajyter 199, Laws 
1889.) E'o contracts for teachers' salaries shall be made 
during any fiscal year for a larger amount of money than 
is actually to the credit of the respective districts for that 
year, and no committee shall give an order unless the 
money to pay it is actually to the credit of the district. 

Sec. 27. The Secretary of State shall furnish a copy of 
The Code and of the laws to each county board of educa- 
tion. 

Sec. 28. No change of district shall be made until full 
information is laid before the county board of education, 
(County Commissioners) showing the shape, size, bound- 
aries and school population of all the districts affected by the 
change. Unless for extraordinary geographical reasons, 
no change of district lines shall be made that will consti- 
tute any district with less than sixty-five children of school 
age, and the county board shall provide as far as practicable, 
that no district shall contain less than that number of children 
of school age. The county board shall furnish plans and 
and require the committees to construct comfortable houses, 
with a view to permanency and enlargement as the increas- 
ing population may demand. The county board shall in 
all matters, obey the requirements of the state board of 
education and the state superintendent. 

Note. — This section does not require the counties to be redis- 
tricted. If changes of district lines are made, however, full infor- 
mation must be laid before the board of County Commissioners to 
enable them to act intelligently. In making new districts or 
changing lines, no district can be made, or left^ with less than 
sixty-five children of school age, unless on account of extraordinary 
geographical reasons, such as the intervention of dangerous rivers 
or creeks; the large territory that, in some sparsely populated sec- 
tions, would be required to include sixty-five pupils, etc. 

Let the County Commissioners, the committees and the people 
work together, in the respective counties, to build comfortable 
house^, furnish them well, and make their location permanent; 
then our system will be much more effective for good. 



40 



CHAPTER 199, LAWS 1889. 

(Sections are omitted which are embodied in the sections of The 
Code as printed in this pamphlet.) 

Section 1. That tlie fiscal scliool year shall begin on the 
first day of July and close on the thirtieth day of June next 
succeeding. 

Sec. 4. That the bond of the treasurer of the county board 
of education shall be approved by the board of county com- 
missioners, and they shall bring action for any breach thereof, 
and on their failure to bring such action, it may be brought 
in the name of the state on the relation of any tax-payer. 
The said bond shall be separate, not including liabilities for 
other funds, and shall be in double the amount of school 
funds which he may receive or which were received by his 
predecessor during the previous year. 

Sev^ 8. That whenever the sheriff or other collecting 
ofScer pays over moneys to the treasurer of the board of 
education, he shall designate the items as indicated in sec- 
tion two thousand five hundred and sixty of The Code, as 
amended by this act, and these items shall be stated in the 
receipts given by the treasurer. 

Sec. 9. That the auditor of the state shall include on the 
form which he furnishes to the board of county commis- 
sioners, and on which the tax-lists are to be made out, sepa- 
rate columns for school poll-tax and school property tax, in 
one of which columns shall be entered the total poll-tax 
levied by the general assembly and the county authorities 
for schools due by each tax-payer, and in the other the total 
property tax levied by the general assembly and the county 
authorities for schools due by each tax-payer. The auditor's 
form shall likewise show, in separate columns, the white and 
colored polls, and in separate columns the property of whites 
and colored, and the list-taker's form shall be arranged 
accordingly. 



41 

Sec. 11. That for immoral conduct or other conduct unbe- 
coming a teacher, the county superintendent (Examiner) 
shall have power to revoke any certificate given by a 
county superintendent (Examiner). 

Sec. 12. That teachers may be qualified to their orders 
by any person authorized to administer an oath. 

Sec. 19. That on the first Monday of July the board of 
education (Commissioners), county superintendent (clerk of 
Commissioners), and treasurer sliall meet at the ofiice of the 
board and settle all the business of the preceding fiscal year. 
The board shall, on that day, examine the reports of the 
treasurer and county superintendent (clerk of Commission- 
ers) which are required to be made to the State superinten- 
dent, and, if found correct, shall direct them to be forwarded. 

Sec. 20. That should any day specified in this act on 
which any duty should be performed fall on Sunday, such 
duty shall be performed on the day following. 

Sec 21. That the register of deeds shall furnish to the 
board of education (Commissioners), as soon as the tax-lists 
are made out, an abstract of said lists, shovvdng, in separate 
columns, the total amount of poll-tax borne on said lists, 
and also the total amount of property tax borne on the same, 
and shall furnish such other information from his ofiice as 
the county board of education (Commissioners) may from 
time to time require. 

Sec. 21. That as far as practicable the county board shall 
require all schools to be in session at the same time, and no 
school shall be in session at the close of the fiscal year. 

Sec 26. That if the term of ofiice of any treasurer shall 
expire on the thirtieth day of November during any fiscal 
school year, or if for any reason he shall hold office beyond 
the thirtieth of November and not for the whole of the cur- 
rent fiscal school year, he shall, at the time he goes out of 
ofiice, file with the connty board of education (Connty Com- 
missioners) and v/ith his successor a report, itemized as 



42 

required by section 2560 of The Code as amended by this 
act, covering the receipts and disbursements for that part 
of tlie fiscal school year from the thirtieth of June preced- 
ing to the time at which he turns over the office to his suc- 
cessor, and his successor shall include in his report to the 
state superintendent the receipts and disbursements for the 
current fiscal school year. 

Sec. 27. That each treasurer of the county board of educa- 
tion, on going out of office, shall deposit in the office of the 
board of education (Commissioners) of his county his books 
in which are kept his school accounts, and all records and 
blanks pertaining to his office. 

Sec. 38. The clerks of all criminal courts shall furnish, 
immediately upon the close of the term, to the board of 
education (Commissioners) of the county a detailed statement 
of fines, forfeitures and penalties which go to the school 
fund that have been imposed or which have accrued during 
the terms. Any clerk failing to comply with the duties 
herein prescribed shall be guilty of a misdemeanor, and 
shall, upon conviction, be fined or imprisoned at the discre- 
tion of the court. 

Sec. 4:1. That in addition to the requirement for obtain- 
ing a first-grade certificate, as now provided by section 
2566 of The Code, as amended by Laws of 1885, the appli- 
cant must, from and after one year from the ratification of 
this act, stand a satisfactory examination upon some books 
on school economy and theory and practice of teaching, to 
be selected by the state supeiintendent of Public Instruc- 
tion. 

Note. — The superintendent has selected Pagre's Theory and 
Practice of Teaching in compliance with this section. (See Appen- 
dix for arrangements for purchasing the book. 

Sec. 42. That in determining the right of any child to 
attend the white or colored schools, the rule laid down in 
section 1810 of The Code, regulating marriages, shall be 
followed. 



Sec. 47. By and with the consent of the county board 
of education (County Commissioners), the committees of 
two or more contiguous districts in any city or town may, 
by a majority vote of the committee in each district, 
employ a practical teacher, who shall be known as the 
superintendent of the public schools of said districts, and 
he shall perform all the duties of the county superintendent 
(Examiner) as to said districts, and shall make to the 
county superintendent (Clerk of Board of Commissioners) 
all reports that may be necessary to enable him to make 
his reports to the state superintendent. 

Sec. 48. That all laws and clauses of laws inconsistent 
with the provisions of this act are hereby repealed. 

Sec. 49. That this act shall be in force from and after 
its ratification. 

Eatified the 11th day of March, A. D. 1889. 



CHAPTER 169, LxVWS 1891. 

AN ACT TO PROVIDE FOR THE STUDY OF THE NATURE 
OF ALCOFiOLIC DRINKS AND NARCOTICS, AND OF 
THEIR EFFECT UPON THE HUMAN SYSTEM, IN THE 
PUBLIC SCHOOLS. 

The General AssemMy of North Carolma do enact: 

Section 1. That the nature of alcoholic drinks and nar- 
cotics and special instruction as to their effect upon the 
human system in connection with the several divisions of the 
subject of physiology and hygiene shall be included in the 
branches of study tanght in the common or public schools 
in the State of Kortli Carolina, and shall be studied and 
taught as thoroughly and in the same manner as other like 
required branches are in said schools, by the use of text- 
books in the hands of the pupils, and orally in case of pupils 
unable to read, and shall be taught by ail teachers and 



44 

studied by all pupils in all schools in this state supported 
wholly, or in part, by public money. 

Sec. 2. That the text-books nsed for the instruction to be 
given in the preceding section for primary and intermediate 
grades shall give at least one-fourth of their space to the 
consideration of the nature and effect of alcoholic drinks and 
narcotics, and the text-books used in the higher grades of 
the public schools shall give at least twenty pages to the 
consideration of this subject. 

Sec. 3. That no certificate to teach in the public schools 
in this state shall hereafter be granted to any applicant who 
has not passed a satisfactory examination in the study of the 
nature of alcoholic drinks and narcotics, and of their effect 
upon the human system in connection with the several 
divisions of the subject of relative physiology and hygiene. 

Sec. 4. That it shall be the duty of the proper officers in 
control of any school described in the first section of this act 
to enforce the provisions of this act, and any such officer, 
school director, committee, superintendent, or teacher who 
shall refuse or neglect to comply with the requirements of 
this act, or shall neglect or fail to make proper provisions for 
the instruction required and in the manner specified by this 
act for all pupils in each and every school under his control 
and supervision shall be removed from office, and the vacancy 
filled as in other cases. 

Sec. 5. That this act shall be in force and take effect from 
and after the first day of August, 1891. 

In the general assembly read three times, and ratified this 
the 27th day of February, 1891. 

Note. — The county examiners will examine the teachers as 
required by this statute and issue certificates upon the same basis of 
grading as is required by the general law as to other branches. 



45 



CHAPTER 69, LAAVS 1893. 

AN ACT TO REQUIRE THE COUNTY SUPERINTENDENTS 
OF PUBLIC INSTRUCTION TO SECURE INFORMATION 
AS TO THE NUMBER OF DEAF, DUMB AND BLIND CHIL- 
DREN IN THEIR RESPECTIVE COUNTIES. 

The General Assemhly of North Carolina do enact: 

Section 1. That it shall be tlie duty of the county super- 
intendent of public instruction (clerk of the board of County 
Commissioners) to require of the school committee of the 
various school districts in enumerating the number of school 
children, to make a statement in tlie report of the number 
of deaf, dumb and blind between the ages of six and twenty- 
one years, designating the race and sex, and the address of 
the parent or guardian of said children; and the county 
superintendents of public instruction (clerks of boards of 
County Comimissioners) are hereby required to furnish such 
information to the principals of the deaf, dumb and blind 
institutions, and the superintendent of public instruction, 
in preparing blanks as directed in The Code, section three 
thousand three hundred and seventy, shall include questions, 
answers to which will furnish the information aforesaid. 

Sec. 2. That this act shall be in force from and after its 
ratification. 

Ratified the 2d dav of Februarv, A. D. 1893. 



CHAPTER 372, LAWS 1893. 

AN ACT TO CERTIFY AS TEACHERS IN THE PUBLIC 
SCHOOLS OF THE STATE THE GRADUATES OF PEA- 
BODY NORMAL COLLEGE OF NASHVILLE, TENNESSEE. 

The General Assembly of North Carolina do enact: 

Section 1. That the graduates from Peabody Normal Col- 
lege, Nashville, Tennessee, in the degree of Licentiate of 



46 

Instruction, and any higher degrees conferred by said insti- 
tution, sliall be recognized in this state as certified for life as 
teachers in any and all public schools. 

Sec. 2. That this privilege is subject to revocation by the 
state superintendent of public instruction, or by the state 
board of education, at his or their discretion, for cause. 

Sec. 3. That this act shall be in force from and after its 
ratification. 

Eatified the 6th day of March, A. D. 1893. 

NoTK. — Any conduct which would be good cause for revokmg a 
certificate granted to a teacher by a county examiner would be good 
cause for revoking the priviledge granted by this act. Any county 
examiner or county board of commissioners having knowledge of 
such conduct by any graduate of said college, teaching in the state, 
will report the same, with proper proofs, to the state superinten- 
dent, or to the state board of education. 



Sections 12 and 13 of chapter 214, Laws of 1893, is 

PUBLISHED BELOVv^ FOR THE INFORMATION OF THE PUBLIC 
AND THE GUIDANCE OF PUBLIC SCHOOL OFFICERS. 

Section 12. The county superintendents of health, or the 
board of health in the several cities and towns where organ- 
ized, otherwise the authorities of said cities or towns, shall 
cause a record to be kept of all reports received in pursuance 
of the preceding sections, and such records shall contain the 
names of all persons who are sick, the localities in which 
they live, the diseases with which they are afi*ected, together 
with the date and names of all persons reporting any such 
cases. The boards of health of cities and towns wherever 
organized, and where not the mayors of the same, and in 
other cases the county superintendent of health, shall give 
the school committee of the city or town, the principals of 
private schools and the superintendent of public instruction 
of the county (chairman of the Board of County Commis- 



47 

sioners), when tlie schools are in session, notice of all such 
cases of contagions diseases reported to them according to 
the provisions of this act. A failnre to perform this dnty 
for twenty-fonr honrs after the receipt of the notice shall be 
deemed a misdemeanor, and subject the delinqnent upon 
conviction to a fine of not less tlian ten nor more than fifty 
dollars. 

Sec. 13. The scliool committees of public schools, superin- 
tendents cf graded schools and tlie principals of private 
schools shall not allow any pupil to attend the school under 
their control while any member of the household to which 
said pupil belongs is sick of either small-pox, diphtheria, 
measles, scarlet fever, yellow fever, ty]3lms fever or cholera, 
or during a period of two wrecks after the death, recovery or 
removal of such sick person; and any pupil coming from 
such household shall be required to present to the teacher 
of the school the pupil desires to attend a certificate from 
the attending physician, city health ox^cer or county super- 
intendent of health of the facts necessary to entitle him to 
admission in accordance with the above regulations. A 
wilful failure on the part of any school committee to perform 
the duty required in this section shall be deemed a misde- 
meanor, and upon conviction shall subject each and every 
member of the same to a fine of not less than one nor more 
than twenty-five dollars: Provided^ that the instructions in 
accordance v/itJi the- provisions of this section given to the 
teachers of the schools within twenty-four hours after the 
receipt of each and every notice shall be deemed performance 
of duty on the part of the school committee. Any teacher 
of a public school and any principal of a private school fail- 
ing to carry out the requirements of this section shall be 
deemed guilty of a misdemeanor, and upon conviction shall 
be fined not less tlian one nor more than twenty-five dollars. 



APPENDIX— LIST OF TEXT-BOOKS, ETC. 



Section 2539 of the school law prior to March 6th, 1895, required 
the state board of education to recommend a series of text-books 
to be used in the public schools for a term of three years and until 
otherwise ordered; and section 23, chapter 199, Laws 1889, made 
the use of the books so recommended compulsory in all the public 
schools of the state. The act of 1895, see section 2539 of this 
pamphlet, requires the county boards of education (County Com- 
missioners) to adopt text-books on first Monday in June, 1896. 
Till then the list here published is to be used under the contract of 
state board of education with publishers. 

The contracts with the publishers require them to furnish the 
books to pupils at the cash retail price given opposite each book 
mentioned in the list below, and to make convenient arrangements 
to keep them for sale in all the counties. 

The following is the list as now revised, with the names of the 
publishers : 

UNIVERSITY PUBLISHING CO. Contract 

Price. 

Hansen's School History of U. S $0.60 

Hansen's Higher School History of U. S 1.00 

Holmes' First Reader. New Edition 15 

Holmes' Second Reader. New Edition 25 

Holmes' Third Reader. New Edition 40 

Holmes' Fourth Reader. New Edition 50 

Holmes' Fifth Reader. New Edition 72 

Maury's Elementary Geography 55 

Maury's Revised Manual of Geography, N. C. Edition 1.25 

Maury's Revised Physical Geography 1.20 

Sanford's Primary Analytical Arithmetic 20 

Sanford's Intermediate Analytical Arithmetic 36 

Sanford's Common School Analytical Arithmetic 64 

Sanford's Higher Analytical Arithmetic 85 

Sanford's Elementary Algebra 1.00 

Finger's Civil Government 60 



50 

THK J. B. LIPPIIVCOTT CO. 

Worcester's Prinmry Dictionary ." 48 

Worcester's New School Dictionary 80 

Worcester's Comprehensive Dictionary 1.40 

Worcester's Aca-demic Dictionary 1.50 

Worcester's Octavo Dictionary o.40 

THE BAKER & TAYLOR CO. 

Stephens' History of the U. S. (as Refei-ence Book) 1.08 

AMERICAN BOOK CO. 

McGuffey's Revised Eclectic Primer 10 

Harvey's Elementary Grammar and Com.position. Revised.... .42 

Harvey's Practical English Grammar. Revised 65 

Eclectic Penmanship. Elementary Tracing Course. 3 Nos. 

Doz :^ 72 

Eclectic Penmanship Copy-Books. New. 9 Nos. Per doz 96 

Swinton's Language Primer 28 

Harrington's Spelling Book ., 20 

Harper's New Graded Copy-Books. Primary Course. 7 Nos. 

Doz 72 

Harper's New Graded Copy-Books. Grammar Course. 8 Nos. 

Doz 96 

Steele's Abridged Physiology 50 

James' Southern Selections 1.10 

Page's Theory and Practice of Teaching 1.00 

Peterman's Elements of Civil Government 60 

Webster's Primary Dictionary 48 

Webster's Common School Dictionary 72 

Webster's High School Dictionary 98 

Webster's Academic Dictionary 1.50 

Webster's Counting House Dictionary f. 2.40 

A. WILLIAMS & GO. 

North Carolina Speaker. Cloth 50 

Paper..! 40 

" " Practical Spelling Book 20 

Mrs. Spencer's First Steps in N. C. History 75 

Moore's History of N. C 85 

North Carolina Writing Books. Per doz 1.00 

Williams' Reader for Beginners 15 

LEACH, SHEWELL & SANBORN. 

Brand's Good Health for Children 20 

Brand's Health Lessons for Beginners 28 



51 



KDWARDS & BROUGHTON, 

Johnson's History of Negro Race 



.75 



Uniformity will save much of the time of the teachers and will 
enable them to advance their pupils much more satisfactorily. 
Our school terms are very short, but uniformity of text-books will 
help much to make the schools efficient. 

The publishers have arranged to put the list-books on sale with 
the University Publishing Co., 66 and 68 Duane street, New York, 
so that merchants can order all from one house with less trouble 
than if they were obliged to order separately from each house rep- 
resented on the list. 

This arrangement will continue till June, 1896, County Commis- 
sioners at that time will make their own arrangements. 

A reasonable profit to merchants is provided for on condition 
that they buy for cash and sell to the children at the list conti^act 
price for easJi,, and the University Publishing Co. will furnish 
blanks for the convenience of the merchants in making orders. 
The boards of Commissioners should secure book-dealers in the 
different sections of their counties, so that the books may be 
within easy reach of the children. 

It will therefore be convenient to obtain the books, and a reason- 
able profit being provided, there ought to be no difficulty in secur- 
ing merchants to keep them on sale. 

PLAN OF SCHOOL HOUSE. 




32 



3 



1 



N 










%/t 






"^ 
























L 




















L 


















This diagram shows the plan and size of a convenient school- 



52 

room for 60 pupils seated at double desks. The school-room proper 
is 32 feet by 29 feet. 

A full-sized double desk occupies a floor space equal to 4 feet in 
front by 2+ feet in rear. The side aisles are 3i feet wide; inside 
aisles 2 feet ; rear aisle 3i feet. 

Double desks should be placed in every school-house. If the 
money is not in hand to purchase such as are offered by dealers in 
school furniture, very inexpensive ones can be made out of boards 
by any carpenter. Every pupil should not only have a comforta- 
ble seat, but every seat ought to have attached to it a writing-desk 
and a shelf for books. 

The plan of the house is easily understood, and biJl of lumber 
can be made out by any workman. It contemplates five (5) win- 
dows in main room and two in the vestibule. 

C represents location of chimney. 

D represents location of doors. 

T represents location of teacher. 

V represents vestibule, which it is very desirable to have as a 
place to deposit hats, cloaks, etc. 

■S represents spaces occupied by the double desks, 4 feet by 2^ 
feet. 

The height of story should not be less than 12 feet ; each of the 
windows in the school- room should contain a glass surface of not 
less than 6 feet by 2^ feet, and should be placed not less than 3i 
feet from the floor. 

A chimmey and fireplace are advised. The cost is not much 
more than the cost of a flue running through the roof, and the 
chimney is much safer. Besides, the chimney is very valuable as 
a ventilator, and it affords the draft for stove connections, if heat- 
ing by stove is preferred. The chimney should be built with a 
separate flue for stove. 

In case a stove is used, it should be surrounded, or partly sur- 
rounded, by sheet iron to protect the pupils who sit near it from 
too great direct heat. 

The Box Frame is the simplest and cheapest style of building 
a house of sawed lumber, but it is not so comfortable as the ordi- 
nary framed house, weather-boarded and ceiled or plastered. The 
latter is specially recommended, because the ceiling or plastering 
furnishes excellent surface for Nackboard. Perhaps most districts 
will find ceiling cheaper. 

The house should be located so that the chimney will be at the 
east end. If it is so located, there will be three windows on the 
north and only two on the south, and all favorably placed for 
pleasant lighting. There are other obvious reasons for placing the 
house east and west. 



53 

At a few dollars more expense, the vestibule can be cut into two 
rooms, one of which may be used for male and the other for female 
pupils. It is desirable to have at least one private room. This 
arrangement will require two entrance doors instead of one. 

By a little crowding 64 or 68 pupils can be accommodated in a 
house of this size. If more room is needed, all that is required is 
to extend the length of the house. Every 2i feet of extension will 
make room for 4 desks and 8 pupils. 

If it is found desirable to have another room to accomodate 
more pupils and an assistant teacher, it can be conveniently added 
to the east end of the house, anct the same chimney can be used 
for stove connections. 

But whatever variations from this plan may be deemed advisable, 
it must ever be remembered that every pupil must have a comfort- 
able seat and toriting facilities connected therewith. All good 
methods now recognize that little children must use slates and 
learn to write while they are learning to spell and read in the 
elementary books. 



FORM OF CONTRACT WITH TEACHER. 

This memorandum of an agreement, entered into this day of 

, 18 , between , , , committe- 

men for District No , race, of county, N. C, and 

a teacher holding a grade certificate. Witnesseth : 

That the committee ?iforesaid agree to employ as a 

teacher of the public school in district race of county, 

N. C, and to pay him at the rate of dollars per school month 

while he is conducting said school. And the said 

agrees faithfully to perform all the duties of a public school teacher 
in said district, and to keep a register according to law, and return 
it to the school committee at the close of the term. 

It is understood that this contract is made subject to the limita- 
tions and conditions of the public school law. The length of the 

term shall be months, but the school shall close whenever 

the apportionment is exhausted. 

In witness w^hereof, the said parties have hereunto set their 
hands the day and date above written. 



> Committee. 

Signed in duplicate, each ) 
party keeping a copy. ) , Teacher. 



Apportionment by State treasury, section 2535. 

by county treasury, sections 2551, 2552. 
Auditor to keep separate account of public school fund, section 
2536. 
on tax lists furnished commissioners to make separate 
columns for school poll tax and school property tax and for 
white and colored polls, and white and colored property, 
section 9, chapter 199, Laws of 1889. 
Blanks furnished school committees by Reg-ister of Deeds, section 

2570. 
Books for public schools, by whom and when adopted, section 2539, 

and section 41, chapter 199, Laws of 1889. 
Census of school children, when taken, section 2579. 

of deaf, dumb and blind children, taken by school com- 
mittee, chapter 69, Laws of 1893. 
Certificates, grading requisite for first, second and third grade, 
section 2566, and section 41, chapter 199, Laws of 1889. 
examiner may revoke for cause, section 11, chapter 199, Laws 

of 1889. 
for life, chapter 372, Laws of 1893. See also charter Normal 

School, Grreensboro, chapter 139, Laws of 1891. 
for three years, see chapter 120, Private Laws of 1893. 
Clerk of Courts, furnish lists of fines, etc., to County Commission- 
ers, section 38, chapter 199, LaAvs of 1889. 
Committees, school, how elected, and how removed, section 2553. 
sign orders in their own handwriting, section 2553. 

must sign all orders for school money for their districts, sec- 
tion 2555. 

may order additional studies taught in their schools, section 
2566. 

must take oath of office, section 2576. 

organize, when, section 2577. 

keep records of proceedings, section 2577. 

school, body corporate, with powers to transact all business 
pertaining to corporation, section 2578. 

conveyances to shall be to them and their successors in office, 
section 2578. 

take census of school children, section 2579. 

take census of deaf, dumb and blind children, chapter 69, 
Laws 1893. 



56 

Committees, school, report school property and value thereof, sec- 
tion 2579. 

employ and dismiss teachers and fix salary of same, section 
2580. 

not to make contract with teachers to extend beyond term 
of office, section 2580. 

not to contract for more money than to credit of district for 
fiscal year, section 2580, and section 26, chapter 174, Laws 
of 1885. 

sign teacher's orders on proper report being made, section 
2581. 

receive or purchase sites for school houses, sections 2582, 2583. 

have care and custody of school houses, sites, books and 
other i3roperty belonging to the district, section 2582. 

sell sites deemed unnecessary for public school purposes, con- 
ditions of sale of same, etc., section 2583. 

to condemn sites when unable to purchase, section 2583. 

proceedings necessary to condemn, section 2583. 

deliver deeds to commissioners, section 2584. 

power to exclude immoral pupils, section 2588. 

power to admit pay students to public school, section 2588. 

to contract with teacher of private school holding first grade 
certificate, section 2591. 

not to give order unless money actually to credit of district, 
section 26, chapter 174, Laws of 1885. 
County Commissioners, charged with general management of 
public school, section 2546. 

obey instructions of State Superintendent, section 2546. 

decide all controversies, questions, etc., section 2546. 

to institute and prosecute necessary actions, suits or proceed- 
ings for recovery, etc., of monies or property for public 
schools, obey the instructions of State Superintendent and 
accept his construction of the school law, section 2546. 

meetings, when held, section 2545. 

lay off school districts, sections 2549, 2550. 

apportion school funds, method of apportionment, sections 
2551, 2552. 

change districts proceedings neccessary for same, section 
28, chapter 174, law of 1885. 

require school committees to build comfortable school 
houses, section 28, chapter 174, laws of 1885. 

receive catalogue of teachers from examiner, section 2572. 

have deeds recorded, section 2584. 

exclude immoral pupils, section 2588. 

make estimate for four months school, section 2590. 



57 

County Commissioners, members, power to administer oaths to 
teachers and school officers, section 2576. 
punish for contempt, section 652 of The Code, which section 

follows section 2593 in the pamphlet, 
meet county treasurer for settlement and approval of report 
to State Superintendent and direct same to be forwarded, 
section 19, chapter 199, laws of 1889. 
receive lists of fines, etc., from clerks of courts, section 38, 

chapter 199, laws of 1889. 
chairman to countersign orders for teacher's salary, sections 

2555, 2571. 
not to countersign teacher's order till teacher has made 

proper report as required by law, section 2571. 
must qualify teacher to said report, section 2571. 
allow pay to Register of Deeds for clerical work in school 
matters, section 2575. 
Day for official duty, falling on Sunday duty performed on follow- 
ing day, section 20, chapter 199, laws of 1889. 
Days, twenty school days a month, s.ection 2580. 
Deeds, blank furnished by County Treasurer to school commit- 
tees, section 2557. 
what kind necessary for school sites, section 2557. 
to be delivered to commissioners and recorded, section 2584. 
Districts, for schools, how laid off, sections 2549, 2550. 

how changed, section 28, chapter 174, laws of 1885. 
Examinations, how conducted and branches of study on which 
to be held, section 2566, and section 41, chapter 199, laws of 



when held, section 2548. 
Examiner, by whom and when appointed, section 2548. 

to examine teachers, sections 2548, 2566, and section 41, chap- 
ter 199, laws of 18^9. 
Examination, to be public, section 2566. 

paid by fees from applicants, section 2548. 
deliver catalogue of teacher to commissioner, section 2572. 
revoke certificates, section 11, chapter 199, laws of 1889. 
Pines, with penalties and forfeitures, belong to county school 
fund, section 2544. 
list furnished by court clerks to Board of Commissioners, 
section 38, chapter 199, laws of 1889. 
Oaths, by whom administered, section 2576. 
Orders, on County Treasurer, how issued, section 2555. 

for maps, charts, etc., not valid unless approved by County 

Commissioners, section 2555. 
when not to be issued, section 26, chapter 174, laws of 1885. 



58 

Register of Deeds, clerk for, educational work, Board of Commis- 
sioners, must record proceedings thereof, section 2548. 
to distribute blanks to school committees, section 2570. 
report school statistics to State Superintendent, section 2573. 
record his report to State Superintendent, section 2574, 
pay for clerical work in school matters, section 2575. 
receive census report from school committees, section 2579. 
receive report from teachers i:)ublic schools, section 2586. 
furnish county commissioners Avith abstracts of tax lists, 
section 21, chapter 199, laws of 1889. 
Right, of child to attend white school or colored school, how fixed, 

section 42, chapter 199, laws of 1889. 
Secretary of State, to furnish laws to County Commissioners, sec- 
tion 27, chapter 174, laws of 1885. 
Sheriffs, pay school funds to County Treasurers in money only, 

section 2563. 
Sheriffs, to take duplicate receipts from County Treasurers 
for school funds, send one receipt to State Auditor, 
one to Chairman Board Commissioners, section 2564. 
Sheriff, in paying school money to County Treasurer to itemize as 
required by section 2560 of school law, section 8, chapter 
199, laAvs of 1889. 
School fund, what paid to State Treasurer, section 2543. 

what paid to County Treasurer, section 2544. 
School fund of county, sources from which derived, section 2544. 
School, public, defined, section 2588. 
who may attend, section 2588. 

private, contract Avith teacher of by public school commit- 
tee, section 2591. 
to disturb meeting for, to injure house, a misdemeanor, sec- 
tion 2592. 
year, when to begin, section 2587, and section 1, chapter 199, 

laws of 1889. 
month, twenty days, section 2580. 

session at same time, section 24, chapter 199, laws of 1889. 
no public, to be in session at close of school year, section 

24, chapter 199, law of 1889. 
sites, how acquired, sections 2582, 2583. 

houses, plans for to be furnished by commissioners to school 
committees, section 28, chapter 174, laws of 1885. 
Solicitors of the several judicial districts, criminal and inferior 

courts, to prosecute for penalties, etc., section 2544. 
State Superintendent of Public Instruction, duties, sections 2540, 
2541, 2542. 
to furnish blanks to county school officers, section 2570. 



59 

State Superintendent of Pablic Instruction, clerk to, section 2593. 
Studies, to be taught in public school, section 2566, and chapter 169, 
Laws 1891. 

school committees may arrange for additional, section 2566. 
Tax, school, levied by general assembly, section 2589. 

levied by county commissioners, section 2590. 

special, for schools election to be ordered by county commis- 
sioners in certain counties, sections 2654, 2655. 
Tax list, separate for school, poll and school property tax to be 
made by State Auditor, section 9, chapter 199, Laws of 1889. 
Teacher's certificates, standai-d for first grade, second grade and 
third grade, section 2566. 

salary, section 2580. 

salary, maximum for first grade fixed by commissioners, sec- 
tion 2580. 

employment of by school committees, section 2580. 

to render statement number pupils, etc., section 2581. 

may dismiss pupils, for what cause; may punish pupils, sec- 
tion 2585 and note thereunder. 

to keep record of school and report, section 2586. 

of any school supported by public funds to report to State 
Superintenden when required, section 24, chapter 174, 
Laws of 1885. 

how to qualify to orders for salary, section 12, chapter 199, 
Laws of 1889. 

maximum salary for different grades, section 2580. 

not to be employed without certificate, section 2580. 
Teacher, to be examined on ''Theory and Practice," section 41, 

chapter 199, Laws of 1889.' 
Text-books, County Commissioners to adopt for public schools, 
section 2539. 

on theory and practice adopted by State Superintendent, 
section 41, chapter 199, Laws of 1889. 

for public schools, list of, see Appendix. 
Treasurer of county, to be treasurer of the school funds of the 
county, section 2554. 

bond, to whom given, how executed, section 2554. 

bond may, when necessary, be required to be strengthened 
by County Commissioners, said commissioners guilty of 
misdemeanor for failing to so strengthen, section 2554; sec- 
tion 4, chapter 199, Laws of 1885. 

compensation of, section 25, chapter 174, Laws of 1889. 

to pay school orders only when countersigned by Chairman 
Board of Commissioners, section 2555. 



60 

Treasurer of county, when to pay orders for building or repair- 
ing school houses, section 2555. 

to keep books, section 2556; section 5, chapter 199, Laws of 
1889. 

to balance his accounts, when, section 5, chapter 199, Laws 
of 1889. 

furnish blank deeds to school committees, section 2557. 

produce books and voucher for examination, when, section 
2559. 

exhibit all school funds to commissioners at regular settle- 
ment, section 2559. 

report to State Superintendent, what report to contain, sec- 
tion 2560. 

to keep book, receive money only, book, how to be kept, sec- 
tion 2561. 

penalty for failing to report to State Superintendent, section 
2562. 
Treasurer, to attend at oflQce of commissioners for paying school 
orders, section 25, chapter 174, laws of 1885. 

to meet Board Commissioners for settlement and report, 
section 19, chapter 199, laws of 1889. 

term of ofHce expiring, must turn oyer books, report, etc., 
section 26, chapter 199, laws of 1889. 

to deposit books on expiration of term of office, section 27, 
chapter 199, laws of 1889. 

of State to pay warrants for school funds to county 
treasurers, section 2538. 
Warrants, for apportionment of school fund from State Treasury, 

how issued, section 2537. 

MISCELLANEOUS. 

Notice of contagious diseases to be given to school committees, 
teachers, public and private, and to school officers by county, 
city and town health officers, sections 12, 13, chapter 214, 
laws of 1893, printed in this pamphlet. 
Nature and effects of alcoholic drink and narcotics on the human 
system to be taught in all public schools, teachers to be 
examined on the same, chapter 169, laws of 1891. 
County Commissioners Avill adopt text-books on the above subjects 
when other books are adopted. 

APPEISTDIX. 

List of text-books. 

Form of teacher's contract. 

Plan of school house. 






LIBRARY OF CONGRESS 

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